Kapileshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58862 of 2021 Arising Out of PS. Case No.-376 Year-2017 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== 1.

KAPILESHWAR RAI Son of Bhola Ray Resdent of Village- Sirkhiriya, P.S.- Runnisaidpur, District- Sitamarhi.

2.

Dinesh Rai Son of Parichhan Ray Resdent of Village- Sirkhiriya, P.S.- Runnisaidpur, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners who are senior citizens apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and without making any submission on merits it is submitted that the parties have compromised the case and have filed an application in the learned court below on 09.02.2022, it is thus submitted that when the informant and the petitioner have compromised the

Patna High Court CR. MISC. No.58862 of 2021(2) dt.11-07-2022 2/2 case that in itself shows that the FIR came to be instituted in haste and the parties realising that a case ought not to have been instituted, a compromise has been filed.

Learned APP for the State submits that copy of the compromise is not on merits.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Runnisaidpur P.S. Case No. 376 of 2017 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Learned court below before accepting the bail bonds of the petitioner must satisfy itself that a compromise petition has been filed between the petitioners and the informant. (Satyavrat Verma, J) Shivam/- U T